Terms and conditions

BACKGROUND:

The Apartment is Jotani Living of 54B Akintunde Adeyemi Drive Lekki 1. These Terms and Conditions are the standard terms which apply to provision of any Services by the apartment to any customer, other members of a customer’s party, and their guest/s and their use of those Services (as “Services” is defined in Clause 1 below).

Definitions and Interpretation

1.1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings: “Business”

means any business, trade, craft, or profession carried on by You or any other person/organisation.

“Consumer” means a “consumer” as defined by in relation to these Terms and Conditions means an individual customer or guest of the Apartment who receives Services for his/her personal use and for purposes wholly or mainly outside the purposes of any Business;

“Apartment/We/Us/Our” means Jotani Living and its premises and place of business, and whose contact address is 54b Akintunde Adeyemi Drive Lekki 1 and includes all employees and agents of the Apartment;

“Price List” means the Apartment standard price list of Rates. The Price List is available from www.jotaniliving.com

or our reception desk;

“Rates” means the prices payable for provision of accommodation and other Services.

“Regulations” means The Consumer Contracts (Information, Cancellation and Additional Charges)

“Services” means provision of accommodation and all other

facilities, services and items which We offer at the Apartment, including food, drinks, gym and swimming pool.

“You/Your” means an individual who is a customer of the Apartment who agrees to pay both for him/herself as a paying guest

of the Apartment and also for members of his/her party and any of his/her guests.

1.2. Unless the context otherwise requires, each reference in these Terms and Conditions to: a Clause or sub-Clause is a reference to a Clause of these Terms and Conditions. The headings used in these Terms and Conditions are for convenience only and shall not affect the interpretation of these Terms and Conditions;

References to any gender shall include the other gender.

2. Reservations

2.1. You may book to make a reservation for a room or other Services in advance through the Apartment website, telephone or in person at www.jotaniliving.com.

2.2. When You request Us to make a reservation, You must provide Us with a valid means of identification, and

information including, but not limited to, your name, address, valid contact telephone number and email address;

2.3. You must give Us payment details for any reservation at the time of check-in. We will take your credit/debit card details and you authorise the

use of this card for any sums that become due to us. Unless the booking for the reservation expressly states that You must pay at the time of reservation or at the time of check in, We will not take any payment from You for it until the time indicated in Clause 3 below;

2.4. Your request to Us to make a reservation for You will be an offer, but whether We accept any such request will be for Us to decide in Our

discretion. Only if and when We tell You that We accept Your request for a particular reservation and We give You a booking reference will there be

a booking. Only that acceptance of the booking will be a binding contract between You and Us for the reservation of a accommodation or other Service reserved;

2.5. You may change Your reservation at any time before You arrive (subject to the cancellation provisions set out in Clause 4 below). We will use all reasonable endeavours to accommodate Your requested changes, but We do not promise that all changes that You request will be

accommodated;

2.6. You may make a booking when You arrive, and if We have availability of the type of apartment or the particular apartment or other Services that

You request at that time, We will accept Your request for the booking, but, We cannot promise that any room(s) or particular room(s) requested or such requested Services will be available;

1.7. You may request additional nights at the apartment at any time during Your stay. We will use all reasonable endeavours to meet such a request, and if We can meet any request We will accept the request as a booking and that booking will then be a binding contract between You and

Us.

3. Fees and Payment

3.1. We make details of Rates including, where applicable, promotional Rates and other special offers available on our website at www.jotaniliving.com or at the apartment reception desk.

All Rates shown in our Price List include VAT;

3.2. Guest are required to pay a fixed refundable damage deposit of N50,000

when they check in;

3.3. When You request a reservation and We quote any Rate(s), the Rate(s) will apply only to provision of accommodation unless We specifically state otherwise. However, the Rate(s) will include all facilities which the Apartment has in all its standard and deluxe apartments,

Additional charges will apply (and You may refer to them in Our Price List) for other Services including, but not limited to, meals, drinks, room service etc.

We will inform You of Rates payable for such additional Services on request when You arrive at the Apartment;

3.4. unless We agree a different arrangement with You, We shall give you an invoice for all sums due and payable to Us and You must pay that invoice

in full when You check-out from the Apartment.

3.5. The following will apply to any promotional Rates that We may offer from time to time: Unless We specifically state otherwise, You must pay in full at the time of booking for a reservation to which a promotional Rate applies and We will not have to give You any refund except where Clause 4

specifically states that We must do so. If You incur charges during Your stay in addition to the promotional Rate for the reservation of accommodation, We will invoice them and You must pay for them as required and If you request any additional nights and We accept the request as a booking , You must pay for the additional nights at the standard Rate.

3.6. You may pay Us for Services (and for any deposit or other advance payment on account of that payment) using any of the following methods:

POS credit/debit card; Cash; and Bank transfer;

3.7. We may alter any of Our Rates without prior notice but if the Rate of any Service increases between the time when You make a booking and the date when the booked room accommodation or other Service is to be provided, any

increase in the Rate will not apply to Your booking;

4. Cancellations

4.1. Unless You pay in advance for a booking at a promotional Rate, You may cancel a reservation without charge if You give Us prior notice of at least 24 hours before the earliest check in time we have given You for Your reservation. If You cancel under this sub-Clause 4.1, We will refund to

You in full any sum (including, but not limited to any deposit) You paid in advance and You will not then owe Us anything;

4.2. If You cancel but do not give Us at least 24 hours prior notice of cancellation of a reservation, We will be entitled to charge You a Late Cancellation Charge calculated as set out at sub-Clause 4.4 below.

4.3. We may, at any time before You check in, cancel a reservation booked by You in the following circumstances:

The required accommodation or personnel and other resources necessary for the provision of the room are not available due to any

cause outside Our reasonable control. If We cancel a reservation in such circumstances, We will offer You alternative accommodation of

the same standard or better if it is available. If it is not available or We offer it to You and You decline it, We will refund to You in full any

deposit or other advance payment that You have made to Us for Your reservation or if You have not paid for Your stay in full in advance of check in and You do not arrive by 10pm on the first day when You are due to stay

at the Apartment. In that case We shall be entitled to re-let Your room after that time unless You have notified Us in advance of Your late

arrival and We have agreed to late check in or We find that you are not a “Consumer” (as defined in Clause 1 above),

and in that case We will refund to You in full any deposit or other advance payment that You have made to Us for Your reservation; and

4.4. A “Late Cancellation Charge” means and will comprise the net financial loss that We suffer due to Your cancellation the Late Cancellation Charge shall be limited to one night’s stay at the Rate specified in Your reservation. We may take the Late Cancellation Charge when or after You cancel using the payment details You provided when You made the reservation. We will be entitled to deduct some or all of the Late Cancellation Charge from any sum You paid Us in advance and to keep the amount deducted, and We shall refund to You any balance of the advance payment from You.

5. Check-in and Check-out

5.1. The earliest check-in time at the Apartment is 3.00pm and the latest time is 10pm. We will also permit check-in after that latest time of

10pm but if you check in after that time We may not be able to provide You with the full range of Services normally available to customers;

and 1.2 and The latest time by which You must vacate Your room and check-out from

the Apartment is 12noon. We may beforehand agree at Our discretion to an arrangement for a later time for vacating Your room and/or check-out

but if We have not agreed to a later time and You do not vacate Your room and check out by the above latest time of 12noon

We will be entitled to charge You for an additional night’s accommodation at the standard applicable Rate;

6.Apartment Rules

6.1 You must conduct Yourself in a reasonable and responsible manner at all times when on Apartment property and must not act in any which may

disturb other guests. If You do not, We may ask You to leave the Apartment and in that case, You must immediately pay Us all sums due;

6.1. Parties and events are not allowed;

6.3. You may not smoke in any indoor or outdoor public areas of the Apartment (You may only smoke in designated smoking area)

6.4. If You do not comply with sub-Clause 6.3 We may charge You for any and all costs We incur by the Apartment in cleaning the room (including, but not limited to, fixtures, fittings and soft furnishings) and restoring it to a smoke-free environment;

6.5. You may not bring an animal into the Apartment except for a guide dog;

6.6. Any child under the age of 18 may only stay at the Apartment if accompanied by an adult(aged at least 21)

6.7. We will charge You for any and all damages caused by You to any Apartment/property during Your stay.

6.8. Guest are required to pay a damage deposit at check in

6.9. All of the above rules will also apply to members of Your party and Your guests, and You shall be responsible for any breach of the above rules by any of them.

6.10 Use of pool is at your own risk we cannot be held responsible for any form of loss, personal injury or death caused by usage except it is caused by gross negligence on Jotani living.

7. Food and Drink

7.1. Unless we specifically state otherwise, food and drinks are not included in any Rate(s) for bedroom accommodation, and unless We have

specifically stated or do state otherwise, We will make additional charges to You for them.

8.Car Parking Facilities

8.1. We cannot guarantee that any car parking space(s) will be available for You, but You may use any vacant parking space on a first-come-first-served basis for Your vehicle ,provided that You have given Us Your vehicle’s registration number when You arrive. Any such parking will be

without charge.

9. Disabled Customers

9.1. We currently do not have facilities to accommodate disabled customers

10. Limitation of Liability

10.1. We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when Our contract with You is created. We will not be responsible for any loss or damage that is not foreseeable;

10.2. Whilst We will operate and maintain Our car park with reasonable skill and care, We do not guarantee that other Apartment guests or members of the general public will not enter Our car park and steal or damage Your vehicle or property in it and/or engage in criminal activity, and accordingly, when You park or arrange for parking of Your vehicle in Our car park, You accept risk of theft or damage of or to Your vehicle and property in it if it is caused by any person other than Our staff or contractors;

10.3 Nothing in these Terms and Conditions is intended to or will exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation;

11.Changes to Terms and Conditions

We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such change.

12.How We Use Your Personal Information (Data Protection)

12.1. We will only use Your personal information as set out in Our Privacy Notice available from www.jotaniliving.com.

13. Complaints

We always welcome feedback from Our guests and, whilst We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if you have any cause for complaint. If You have any complaint about Our Services or any other complaint about the Apartment or any of Our staff, please raise the matter with the manager who can be contacted at the Apartment or at info@jotaniliving.com.

14. No Waiver

14.1. No failure or delay by Us or You in exercising any rights under these Terms and Conditions means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of these Terms and Conditions means that We or You will waive any subsequent breach of the same or any other provision.

15. Law and Jurisdiction

15.1. These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of Nigeria.

15.2.

Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship

between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of Nigeria

as determined by your residency.